DECISIONS

On 30 April 2008 the high court issued its decision in the matter of Body Corporate 1885295 and Ors v North Shore City Council and Ors.

 

The case concerned a number of topical issues including the rights of lessees to recover losses from councils; whether knowledge of defects in a building can prevent a plaintiff from recovery.  It also contains a useful commentary on the liability of developers and architects. 

On 25 June 2007 the high court granted judgment for the council in its third party claim against a third party (waterproofer) for contribution.  The judgment was for 80% of the amount the council paid the body corporate in a prior settlement.

The high court observed in the judgment that the normal apportionment of liability by courts in these circumstances are in the range of 75%-85% against the builder and 15-25% against the council.

On 20 October 2006 the high court issued a decision in respect of the alleged liability of the council for the escape of sewage from a treatment plant in the Far North.  The high court held that the council was not liable in nuisance or negligence as it was not proved that the sewage had caused damage to the plaintiffs' oysters.  The high court also commented that in considering allegations of nuisance it was necessary to examine the reasonableness of the council's actions.